41.126—Arbitration.
(a)
Parties to a contested case may resort to binding arbitration to determine any issue in a contested case. The Office is not a party to the arbitration. The Board is not bound and may independently determine questions of patentability, jurisdiction, and Office practice.
(iii)
Names the arbitrator, or provides a date not more than 30 days after the execution of the agreement for the selection of the arbitrator, and
(iv)
Provides that the arbitrator's award shall be binding on the parties and that judgment thereon can be entered by the Board.
(c)
The parties are solely responsible for the selection of the arbitrator and the conduct of proceedings before the arbitrator.
(d)
Issues not disposed of by the arbitration will be resolved in accordance with the procedures established in this subpart.
(3)
States in a clear and definite manner each issue arbitrated and the disposition of each issue, and
(f)
Once the award is filed, the parties to the award may not take actions inconsistent with the award. If the award is dispositive of the contested subject matter for a party, the Board may enter judgment as to that party.